Loading...
HomeMy WebLinkAbout2020-02-04 PC Regular Meeting Minutes1 CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION MINUTES TUESDAY, FEBRUARY 4, 2020 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 CALL TO ORDER Chair Ron Gregory called the meeting to order at 6:01 p.m. II. ROLL CALL Present: Commissioner Joseph Pradetto Commissioner John Greenwood Commissioner Nancy DeLuna Vice -Chair Lindsay Holt Chair Ron Gregory Also Present: Craig Hayes, Assistant City Attorney Ryan Stendell, Director of Community Development Eric Ceja, Principal Planner Jessica Gonzales, Senior Management Analyst Christina Canales, Engineering Assistant Nick Melloni, Assistant Planner Monica O'Reilly, Management Specialist II III. PLEDGE OF ALLEGIANCE Vice -Chair Lindsay Holt led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION None V. ORAL COMMUNICATIONS None MINUTES PALM DESERT PLANNING COMMISSION VI. CONSENT CALENDAR FEBRUARY 4, 2020 A. MINUTES of the Regular Planning Commission meeting of December 3, 2019 Rec: Approve as presented. A. REQUEST FOR CONSIDERATION to approve a Parcel Map Waiver application for a lot line adjustment at 125 Suuwat Way (APNs 771-260-044 and 771-280-068). Case No. PMW 19-0004 (Evergreen Capital Trust, Sumner, Washington, Applicant). Rec: By Minute Motion, approve Case No. PMW 19-0004. Upon a motion by Commissioner Pradetto, seconded by Commissioner DeLuna and a 4-0 vote of the Planning Commission, the Consent Calendar was approved as presented (AYES: DeLuna, Greenwood, Gregory, and Pradetto; NOES: None; ABSENT: None; ABSTAINED: Holt). VII. CONSENT ITEMS HELD OVER None VIII. NEW BUSINESS A. SELECTION of a Chairperson and Vice -Chairperson. Commissioner DeLuna moved to, by Minute Motion, nominate and appoint Vice -Chair Holt to Chair. The motion was seconded by Commission Greenwood and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None; ABSENT: None). Commissioner DeLuna moved to, by Minute Motion, nominate and appoint Commissioner Greenwood to Vice -Chair. The motion was seconded by Commission Pradetto and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None; ABSENT: None). B. SELECTION of Commission Liaisons for Art in Public Places and Parks and Recreation Commissions. Commissioner Gregory moved to, by Minute Motion, reappoint Chair Holt to the Art in Public Places Commission. The motion was seconded by Commissioner DeLuna and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None; ABSENT: None). Commissioner DeLuna moved to, by Minute Motion, reappoint Vice -Chair Greenwood to the Parks and Recreation Commission. The motion was seconded by Commission Gregory and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None; ABSENT: None). 1 1 K MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 4, 2020 IX. CONTINUED BUSINESS None X. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION for approval of a recommendation to the City Council for a Zoning Ordinance Amendment to amend Palm Desert Municipal Code Section 25.32.030 "Accessory Dwelling Units," Section 25.10.030, Section 25.18.040, and Section 25.99.020 to comply with recently enacted State legislation pertaining to accessory dwelling units and junior accessory dwelling units. Case No. ZOA 20-0001 (City of Palm Desert, Applicant). Commissioner Nancy DeLuna recused herself from Public Hearing Items A and B. The Zoning Ordinance Amendments could affect her employer, who is a multi -family housing developer. Assistant Planner Nick Melloni presented the staff report (staff report(s) are available at www.cityofpalmdesert.org). He noted that staff posted a public hearing notice in The Desert Sun, and did not receive any comments. He recommended approval of the resolution. In terms of the architectural review process, Vice -Chair John Greenwood asked how the accessory dwelling unit (ADU) legislation affects lot coverage and setbacks in comparison to primary residences. Mr. Melloni stated that State legislation prohibits cities from imposing a minimum lot standard. Apart from that, the City can apply all other applicable development standards. Except in the case where an ADU is detached less than 800 total square feet, has a maximum height of 16 feet, and a minimum of a four -foot setback from the side and rear of the property. Vice -Chair Greenwood clarified if an owner has an ADU under the 800 square -foot requirement, the owner can be within four feet of the property line. Mr. Melloni replied that is correct. He mentioned that staff added design guidelines to address an ADU that is less than 800 square feet and the minimum four -foot setback. Commissioner Gregory inquired if the setback would influence future development in the City. For example, if a developer wishes to build multiple residential units, would the developer be able to go for the four -foot setback instead of the City's greater setback in anticipation of building an ADU. In general, Mr. Melloni replied no. He explained that any new development would need to conform to the established minimum setback standards. If the developer is proposing an ADU along with a single-family home, the developer has that option as long as they are in conformance with the State. 3 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 4, 2020 If someone wishes to build an ADU on a lot with an existing home and understands the City's requirement that the architecture must match the existing home and the ADU cannot exceed the existing architecture, Commissioner Gregory asked if the City would have the same prerogative concerning code enforcement or building inspections. Mr. Melloni replied yes. Vice -Chair Greenwood inquired where other cities in the Coachella Valley are, concerning conformance with State requirements. Mr. Melloni responded that during his research and looking for what other cities in the Coachella Valley have done, he did not see other jurisdictions adopt the new ADU laws. He pointed out that all cities in the State of California are subject to State laws. Commissioner Gregory asked Mr. Melloni to walk the Planning Commission through the first bullet point on page two of the staff report. Mr. Melloni communicated that a one -bedroom or a studio could have a maximum area of 850 square feet. For a multi -bedroom, the maximum area is 1,000 square feet. Commissioner Gregory asked what would happen if someone wanted to build a larger ADU on a large lot. Based on the ordinance, Mr. Melloni stated that the developer is not allowed to build a large ADU; however, the developer would be subject to other development standards. Commissioner Gregory commented that it seems like a great opportunity for people to game the system. He wondered about loopholes that the new provisions are creating and how the City would deal with someone taking advantage of the State laws. Mr. Melloni stated that with an approval of an ADU, the City requires the applicant to record a declaration of restrictive covenants, which states what is within the ADU. Director of Community Development Ryan Stendell added that Commissioner Gregory is right to wonder what kind of loopholes the new laws may create. However, the Zoning Ordinance Amendment (ZOA) is an attempt to preserve control of what the City may have with design and architecture. He believed many cities are burying their heads in the sand or dealing with the new laws in a similar way as Palm Desert. He stated that the approach the governor is taking does not fit all cities. Chair Holt clarified that State law allows for one ADU and one junior accessory dwelling unit (JADU), not two ADUs. Mr. Melloni replied that is correct. Chair Holt asked if the ordinance would require property owners to meet the minimum or maximum lot coverage restrictions, and they would only be able to build up to what would be allowed on the property. 4 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 4, 2020 Mr. Melloni replied that is correct. Chair Holt clarified that there is no requirement for parking for JADUs, but there is a parking requirement for the ADUs unless it is within a half -mile walking distance of public transit. Mr. Melloni replied that is correct. Chair Holt inquired if sprinklers are required for new construction. Mr. Melloni replied yes. Chair Holt pointed out a grammatical error under Item F, 1 B in the Planning Commission Resolution. Delete "is" after the word dwelling. Commissioner Gregory also pointed out that the wording on page two under Item G of the Planning Commission Resolution needed to be changed. He referred to Item B of the Landscape Requirements. He asked if Item B was the City's recommendation. Mr. Melloni responded that legal counsel provided the landscape requirement. If the setback is four feet, Commissioner Joseph Pradetto inquired if the landscaping would have to be crammed within the four -foot setback and between the neighbors. Mr. Stendell responded that a four -foot setback is an appropriate landscape area for some landscaping. He said staff could review landscaping on an as -needed basis. He noted that the landscape requirement is a recommendation to the City Council. The Planning Commission could request to have staff look at the landscape requirements and have the requirements augmented prior to presenting the ZOA to the Council. Commissioner Pradetto understood and summarized that the State is struggling on how to deal with homelessness and affordability of housing, which is the impetus for these new State laws and the idea to create new housing stock. He stated that the new laws invalidate the City's current ordinance on ADUs. Therefore, now until the City Council approves the ZOA, the City is under the jurisdiction of the State's law, which is almost completely unregulated in terms of design standards —aside from health and safety concerns. He asked if that is correct so far. Mr. Melloni replied yes. Commissioner Pradetto continued that City staff has determined something needs to be in place, and there is a model ordinance from Best Best & Krieger (BBK). He asked how the proposed ordinance amendment differs from the model ordinance, and how staff incorporated their concerns into the proposed ordinance. Mr. Melloni responded that one concern was height. He explained that in the R-1 (Single - Family Residential) zone has a maximum height of 15 feet. However, the State law maximum height requirement is 16 feet. He said staff implemented design standards that 5 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 4, 2020 assist with Section 8. Additionally, staff addressed the concern with ADUs and JADUs in the HPR (Hillside Planned Residential) zone. Commissioner Pradetto asked if staff had any other concerns related to the ordinance. Mr. Melloni replied no. Commissioner Pradetto believed that in terms of loopholes, the governor is saying the City's loopholes are his solution. He said from the State's perspective, they are not loopholes it is their intent. Looking at the ordinance as a whole, he liked the architectural requirements and dealing with health and safety. He believed there would be some adjusting throughout the State; however, Palm Desert may not need to rush to build ADUs/JADUs like in other areas. He commented that Palm Desert could learn from other cities' mistakes overtime. Chair Holt declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With further testimony offered, Chair Holt declared the public hearing closed. Vice -Chair Greenwood stated that Commissioner Pradetto's comments were accurate. Vice -Chair Greenwood moved to waive further reading and adopt Planning Commission Resolution No. 2771, recommending approval of Case No. ZOA 20-0004 to the City Council. The motion was seconded by Commissioner Pradetto and carried by a 4-0 vote (AYES: Greenwood, Gregory, Holt, and Pradetto; NOES: None; ABSENT: DeLuna). B. REQUEST FOR CONSIDERATION to adopt resolutions recommending approval to the City Council to amend the Palm Desert Municipal Code and replace Section 25.28.030 "Medium/High-Density Housing Overlay District" in its entirety with a new "Housing Overlay District," and apply said overlay district to parcels identified in the City's Housing Element and parcels owned by the Housing Authority. Case No. ZOA 19-0004 (City of Palm Desert, Applicant). Principal Planner Eric Ceja outlined the salient points of the staff report and recommended approval to the City Council. He offered to answer any questions. Commissioner Gregory commented that in the past couple of years, staff presented housing projects to the Planning Commission. He asked if a project like The Sands would be more likely to move forward with the Housing Overlay District (HOD). Mr. Ceja responded that The Sands is not a good example. He said that The Sands property has an affordable housing component for the past 30 years. He pointed out that a better example is Parcel G. It is a project that the Planning Commission has recommended approval to the City Council; however, City staff were not able to take it to the Council because staff is still negotiating the affordable housing component for that site. If the City Council approves the ZOA, he stated the City would apply the HOD to Parcel G. 0 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 4, 2020 Mr. Stendell added that this request came from a Councilmember. The Councilmember felt that the City was being consistent in being inconsistent with negotiating affordable units. Therefore, the intent was to create something that would be fair, have an incentive base, and help speed up the development of affordable units. Vice -Chair Greenwood inquired if there is any support from utility companies to assist with fees to develop a low-income housing project. Mr. Ceja replied no. However, utility companies have other programs in place. For example, Southern California Edison can cap utility rates or help with utility improvements on properties. He stated that school districts do not waive fees for affordable housing projects. He mentioned that the highest fee developers have to pay in the Coachella Valley is the Transportation Uniform Mitigation Fee, which the Coachella Valley Association of Governments (CVAG) established and manages. CVAG created an exception for affordable housing projects. Mr. Stendell mentioned that the Housing Division was incorporated into the Community Development Department in July 2019, and introduced Senior Management Analyst Jessica Gonzales. For new construction, Ms. Gonzales noted that utility companies are establishing new programs that would facilitate some options for affordable housing projects. Chair Holt declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no testimony offered, Chair Holt declared the public hearing closed. Commissioner Gregory moved to waive further reading and adopt Planning Commission Resolution Nos. 2772 and 2773, recommending approval of Case No. ZOA 19- 0004 to the City Council. The motion was seconded by Commissioner Pradetto and carried by a 4-0 vote (AYES: Greenwood, Gregory, Holt, and Pradetto; NOES: None; ABSENT: DeLuna). XI. MISCELLANEOUS ►= XII. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES None B. PARKS & RECREATION Vice -Chair Greenwood reported that there was an election of officers, and the Commission discussed a community service award program. 7 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 4, 2020 XIII. REPORTS AND REMARKS Commissioner Pradetto asked if the Planning Commission staff reports are available on the City's website. Mr. Stendell replied yes. Commissioner Pradetto requested an email with the link to the agenda when it is complete. XIV. ADJOURNMENT With the Planning Commission concurrence, Chair Holt adjourned the meeting at 6:54 p.m. ATTEST: 40,t��Z- RYAN STENDELL, SECRETARY LIND AY HOLT, AIR N MONICA O'REILLY, RECORDING SECRETARY —7 l__, U;